State lawmakers have endorsed a change to Indiana's fundamental governing document that would give judges greater authority to keep individuals merely accused of crimes locked in jail for months, or even years, before their trials.
Now it's up to Hoosiers to decide whether they're willing to give up an Indiana Constitution guarantee that every person arrested for a crime, with two exceptions, have the opportunity to obtain pre-trial release by posting funds that a judge deems sufficient to ensure the accused will appear for court hearings.
Voters will be asked at the Nov. 3 general election to ratify or reject the constitutional amendment concerning bail contained in Senate Joint Resolution 1.
Currently, bail may only be denied outright to individuals accused of murder or treason, and only "when the proof is evident, or the presumption strong," according to the Constitution.
The proposed amendment would allow a judge to deny bail for any crime if the judge believes "the accused poses a substantial risk to any other person or the community," and prosecutors show "by clear and convincing evidence that no release conditions" can mitigate the risk.
State Rep. Chris Jeter, R-Fishers, the sponsor of the amendment, insisted liberty always is preferred, but "detention is permitted when the risk is extraordinary and demonstrable."
"Under the current system, when a judge believes a defendant is dangerous, the judge simply sets an artificially high bail that the judge assumes the defendant can't pay. Such an approach unnecessarily targets underprivileged people and creates a two-tiered justice system based upon means. SJR1 replaces that inconsistent and unaccountable approach by making judges issue findings and conclusions that support their detention decisions," Jeter said.
State Sen. Greg Taylor, D-Indianapolis, voted against the proposal because he said it egregiously bases pre-trial release eligibility entirely on the person, and not the criminal charges the person is facing.
"I don't know how many of you have been in front of judges in the state of Indiana, but if you don't think there's some judges out here that may have a bias in their community of certain people, then you haven't been to court in Indiana," Taylor said.
Indiana's judiciary recently has taken steps to ensure individuals accused of crimes have a meaningful opportunity to bail out of jail, or be released without bail, after discovering numerous instances of Hoosiers charged with low-level offenses, such as marijuana possession, spending long periods locked up prior to trial, and sometimes losing their jobs, homes and custody of their children, because they could not afford a high bail.
The judiciary also has noted expansive pre-trial detention is costly for Indiana taxpayers because county government must pay to house, feed and maintain the health of jail inmates before they've even been convicted of a crime.
Nevertheless, the Republican-controlled House and Senate approved the bail amendment both this year and in 2023 — putting it on the ballot at the next general election.
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